Amendments To The Law "on Prevention Of Conflict Of Interest In The Activities Of Public Officials"

Original Language Title: Grozījumi likumā "Par interešu konflikta novēršanu valsts amatpersonu darbībā"

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/230245

The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on prevention of conflict of interest in the activities of public officials" to make the law "on prevention of conflict of interest in the activities of public officials" (Latvian Saeima and the Cabinet of Ministers rapporteur, 2002, no. 11, no. 12; 2003; 2006, 2., no. 20; 2007, nr. 14; 2008, 24 no; 2009, 10, 24 no; Latvian journal, 2010, 94.162. No.) the following amendments: 1. Replace the words "throughout the Act, the national radio and Television Council" with the words "national electronic media Council".
2. Add to paragraph 9 of article 1 with the following sentence: "the Saeima, the Parliament of the Bureau or the President of the Parliament as regards the members of the Parliament is not the head of the institution, the highest official, the authority or institution of collegial."
3. in article 6: Supplement to the second part of the article as follows: "(2) If the law more stringent restrictions, public officials, pursuant to article 7 of this law in the second, third, fourth, fifth, sixth, seventh, eighth and thirteenth, prescribed in the special position of the coupling constraints are allowed to connect to your State officials post not more than with the other two paid or otherwise compensated posts in other national or local institutions , a corporation in which the State or local government in the capital alone or part whole exceeds 50 percent, or a corporation in which the State or a municipality or State or municipal corporation is a member. For this part of the above posts is not considered as educators, scientists, doctors, professional athletes and creative work. In this part of the post that connect tolerated if it does not pose a conflict of interest is not in conflict with State officials in the binding rules of conduct and does not harm the public officials direct duties. ";
believe the current text of article about the first part.
4. in article 7: make the tenth and 10.1 part as follows: "(10) State officials that the second, third, fourth, fifth, sixth, seventh, or eighth down special restrictions, the connect post is permitted to connect the State officials post with the economic activity of the status of authorised economic operator or individual registering as economic operator in accordance with the law" on personal income tax ", if this operation is achieved income from agricultural production only , logging, fishery, rural tourism, or the practice of the professional activities of doctors, and this article the sixth and eighth in the cases referred to in the relevant posts for connection does not need to receive written permission.
(101) the public officials that the second, third, fourth, fifth, sixth, seventh, or eighth down special posts linking restrictions and which is registered to the State revenue service as economic operator in accordance with the law "on personal income tax", is permitted to connect their posts with the economic activity, which is carried out by managing this Government officials belonging to the real estate, and this article the sixth and eighth in the cases referred to in the relevant posts for connection does not need to receive written permission. ";
Add to article 10.2 part as follows: "(102) in the cases referred to in this article when the post allowed to connect with educators, researchers, doctors, professional athletes or creative work, connect the respective post is acceptable, also registering as economic operator in accordance with the law" on personal income tax ", and this article the sixth and eighth in the cases referred to in the relevant posts for connection does not need to receive written permission.";
replace the eleventh paragraph, the words "public officer authorized to" with the words "and public officials that the second, third, fourth, fifth, sixth, seventh, or eighth down special restrictions, the connect post allowed";
turn off the twelfth;
make the 13th part as follows: "(13) State officials that the second, third, fourth, fifth, sixth, seventh, or eighth down special restrictions, the connect post is allowed to connect his post with the national guard when the service unless specified otherwise in the law, and this article the sixth and eighth in the cases referred to in the relevant posts for connection does not need to receive written permission."
5. Express article 8 second paragraph as follows: "(2) where a person who, after the entry into the State officials post simultaneously carrying out economic activities, fulfil Enterprise Agreement or authorisation, which connect with State officials is prohibited, its position within three months from the date of entry into Office terminated business operations, enterprise agreements or dismissal."
6. in article 8.1: turn off the title, the words "work, business or the execution of the mandate of the Treaty";
turn off the first and in the second paragraph, the words "(fulfilling contracts or authorisation)" and the words "(Enterprise Agreement or authorisation)";
to supplement the first sentence with the following: "for a post in the article constitutes economic activity, Enterprise Agreement or authorisation.";
off in the third paragraph, the words "(the company's performance of the contract or mandate)" and the words "(Enterprise Agreement or authorisation)";
Add to article 4.1 part as follows: "(41) if the officer (authority), which appointed or approved person elected State officials, is the same as that under article 7 of this law, the relevant provisions of the decision on the part of State officials permission to connect the posts with other posts based on the information provided by the person, the question of permission to connect positions decide also to enter, electing or the person approving the relevant post. In this case, you do not need other permissions appropriate for the connection between the posts. In the fifth subparagraph of this article, those topics are considered and reflected in the decision on the appointment, election or confirmation in Office. Connect authorization may post to cancel in accordance with the sixth subparagraph of this article. ";
turn off the fifth paragraph, the words "(Enterprise Agreement or authorisation)" (fold);
turn off the eighth paragraph, the words "(Enterprise Agreement or the execution of the mandate)";
make a tenth as follows: "(10) if the public officer has refused to issue the permit Office for connection with economic activity, enterprise agreements or the implementation of the mandate and the company contract already entered into force, this officer has launched the implementation of the mandate or begun to make economic activities, as well as in the event cancelled the decision on authorisation of those obligations in accordance with the sixth subparagraph, the official If it continues to meet government officials, which refused the post connecting to businesses mentioned in this paragraph of the contract or the implementation of the mandate, within three months of economic activity, the company terminated the contract or dismissal. "
7. To make the title of chapter III, the following: "chapter III. National or local authorities and public officials driving responsibilities and rights in the prevention of conflicts of interest ".
8. Article 20: make a fifth by the following: "(5) the public or municipal institution or his authorized person is obliged this law and Cabinet in order to ensure equivalent and 15 days in electronic form to the State revenue service submitted a list of public officials and their amendments, through the State revenue service electronic declaration system.";
Add to part with a new 5.1 the first sentence as follows: "with respect to article 4 of this law, the first subparagraph of paragraph 2 the following public officials a list of these officials and the submission of amendments made to ensure parliamentary Office Director.";
believe the current text of part 5.1, second sentence;
to supplement the article with the seventh subparagraph by the following: "(7) the State or municipal institution, the head of the person to whom the head of the institution asked to meet conflict of interest and corruption prevention duties in the relevant institution or collegiate institution be prohibited from disclosing information that it has become known, on which the national or municipal officer or employee of the institution informed about conflicts of interest, and no objective reason to cause such person to direct or indirect effects. Prohibition on disclosure do not apply to the provision of information in corruption prevention and combating Bureau, the national police, the Office for protection of the Constitution, the Court of Justice and the Prosecutor's Office. "
9. To supplement the law with article 21.1 as follows: "article 21.1. Information on other official conflicts of interest for the officer to certain conflicts of interest involving other institutions concerned State officials, provides information to the head of the institution or the corruption prevention and combating Bureau and public security institutions of public officials working in that information provides the constitutional protection Office Director. "
10. To supplement article 26 with the 5.1 portion of the following:

(51) national or local, to the head of the institution has the right to request information from State officials to be included in the declaration part is not publicly available, where this particular case is necessary to prevent national officials going into the conflict of interest situation. "
11. Article 30: make the first paragraph by the following: "(1) For violations of this Act a person known to the statutory liability. The National Executive in accordance with the provisions of this article is obliged to pay the damages. "
to make the fourth subparagraph by the following: "(4) the damages claimed in accordance with the Administrative Procedure Act, the administrative act issued concerning compensation for damage caused to and by the laws and administrative action for the enforcement of the Act. Ensure compliance with the court bailiff service. "
12. transitional provisions be supplemented by the following paragraph 17: "17. Article 30 of the law in the second sentence of the first subparagraph and the fourth parts new for damages in the administrative process law do not apply in cases where violations of this law found in the income drive launched to relevant provisions into force."
The Parliament adopted the law of 28 April 2011.
President Valdis Zatlers in Riga V 2011 on May 18.